Elder Law

07/31/2018

For many seniors, assisted living has become an increasingly common option to remaining in their homes. An elderly individual can live in a comfortable residence, get the services that he or she requires, such as help with bathing and dressing, as well as avoid the institutionalized setting of a nursing home.

Right off the bat, the cost is high. In 2017, the median fee for a private one-bedroom was $45,000 a year, according to Genworth, a long-term care insurer. Most residents pay out of pocket, although some qualify for Medicaid. Medicare generally does not cover long-term care services.

In addition, shortfalls in caregiving can be a problem for assisted living residents. A 2017 survey of state long-term-care ombudsmen conducted for Consumer Reports, which monitors senior living facilities nationwide, found the most common complaints dealt with understaffing and delays in response to calls for assistance. Ombudsman data show that complaints about assisted living have gone up 10% in recent years.

For families looking at into assisted living facilities for a family member, there are ways to find a facility that delivers quality care in a comfortable setting. The key is to conduct thorough research. You should begin by asking these five key questions:

What Kind of Care is Required? Remember that different facilities offer varying levels of care. Is there a registered nurse on staff? Without this basic level of care, your loved one might end up going to the ER more often.

What is the Quality of Care? Look at the residence’s licensing and inspection records, to see if there are any issues. To get a feel for the way things work, make several visits to the facility. Go for meals and during the weekends, when fewer staff are on duty. You should also talk to residents and their families about their experiences.

Uncover the Real Costs of the Care. Get a written list of fees and charges from the residence and be sure that they’re included in the contract. It is recommended that you hire an elder law attorney, who’s familiar with local facilities to review the terms of the contract.

Can Your Parent or Family Member Age in Place? Find out what scenarios might trigger a discharge, and whether you could hire private aides, if more care is required. You should also ask what assistance the facility would be able to provide, if a move is needed.

Is There an Advocate? When you’ve selected a residence for your parent, it’s important to have family and friends visit regularly. If you do this, you’ll quickly be able to spot any issues with care. That is critical when your family member is ill or confused and can’t advocate for herself.

One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about your estate plan, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security. Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.

06/03/2018

Few of us have navigated the confusing rules and programs associated with aging in the U.S., until circumstances force us to.

Forbes’ recent article, “How Nursing Homes Can Destroy Families,” says that we depend on the people with the most experience to help us through this. However, it does not always work out for the best. In that case, as the situation for a loved one continues to deteriorate and as family members try to address mounting issues, it can take a toll on relationships. Let’s look at some of the factors:

Poor Organization. See if there’s a clear chain of command at the nursing home and find out who you should contact with your questions. Get one person to work with in order to avoid confusion. There may be a high turnover rate among employees, so try to maintain contact with the highest-level staff member and secure a secondary contact.

Misinformation. In workplaces with high turnover, some may be unsure of their own roles. Whether the staff members are new, poorly trained, or even disinterested in their positions, this is problematic because you’re relying on these employees for critical information. To avoid this, try to discuss things with one person and document every interaction. You may consider making email your primary mode of contact, so you have a written record of everything that’s been said. That record may be valuable, if there’s an issue.

Staffing Problems. Nursing homes struggle to keep employees, especially the good ones. You may quickly see how much this impacts the quality of care at many different levels, for your loved one. This could present itself in poorly maintained rooms or poorly maintained records. An understaffed senior residence can be a dangerous place. However, there may be little that you can do. This isn’t an uncommon issue and seniors could be left being neglected. Make the effort to be friendly with the staff and show them you’re invested. It will send the message that you’re kind but persistent.

Family Fighting. Families can battle over the care plan or squabble over assets, and tempers may flare. The nursing home setting may worsen this dynamic. In addition to the frustration with any gaps in care, family members may find themselves arguing about all sorts of issues.

Medical Malpractice. In some instances, a nursing home resident can be physically or mentally harmed by negligent medical care.

As part of your comprehensive estate plan we recommend that you have an Advanced Health Care Directive appointing someone to act on your behalf to make medical decisions for you when you can’t and a HIPAA Release authorizing your medical providers to release your protected medical information to your family and/or friends so that there is a second set of eyes reviewing what is going. It also helps to have an advocate for you making sure you are being taken care of properly.

Prepare in advance and know that this is going to be a stressful chapter in your family’s history. Any existing issues may easily worsen in these circumstances, so try to give each other the benefit of the doubt. If necessary, speak with an elder law attorney, who can help advocate for your loved one and help your family navigate through these tough times.

One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about your estate plan, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security. Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.

05/17/2018

In light of this, it’s critically important to have the appropriate safeguards in place to reduce the risk of fraud and identity theft, especially for your senior parents. Because your parents are probably not as savvy about digital technology and may be losing some of their powers of discernment as they age, it’s quite likely up to you to help them protect themselves—and ultimately your inheritance.

Along with traditional estate planning strategies to ensure you’re parents’ planning is handled in the event of their incapacity or death, you should take the following four precautions to ensure the safety of their identity and finances while they’re still alive and well.

1) Secure their computer: Your first step should be to make sure all computers they use are protected by robust security software bundled with anti-virus, anti-spam, and spyware detection features. Always go with the latest version of software, and make sure it’s configured to provide automatic updates, including security patches.

2) Use strong passwords and PINs: Create strong passwords and PINs that contain numbers, letters, and symbols, and change them regularly (once every six months). Don’t use the same password for multiple accounts—each account should have its own unique password. Never share passwords, don’t store them on a computer, and keep them in a secure location.

Since diligently keeping up with passwords can be a hassle, invest in a password manager which generates and stores strong, complicated passwords and can be used to share passwords with you and other family members. There are many on the market.

Consider activating 2 Factor Authorization (2FA) on your parents’ accounts by using your cell phone number as the authenticating phone number or even Google Authenticator, and then teach your parents how to use it.

3) Regularly monitor their credit score and reports: Because thieves can use your loved ones’ personal information to set up new credit cards and other accounts, with bills that won’t get mailed to their home, be sure to regularly check their credit score and report for any suspicious activity. We like to use CreditKarma.com.

4) Use their own computer and avoid public wireless: Because public computers can be rigged to capture passwords and other personal data, seniors should always use their own computer or device to make financial transactions.

Even using one’s own computer can be risky if it’s done on a public Wi-Fi network, as found in airports, hotels, and restaurants. Many public wireless hotspots reduce their security settings, so people can more easily access and use these networks, which makes it easier to intercept personal information.

While taking these precautions is vital, it’s only the first step to ensure your elderly parents’ financial resources are protected. Consult with us as your Personal Family Lawyer® to develop comprehensive estate planning strategies to safeguard not only their finances, but all of their tangible and intangible assets—as well as your own.

One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about your estate plan, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security. Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.

The U.S. Department of Justice announced that more than 250 defendants have been charged in the sweep, 200 of whom have been charged criminally.

Some of the identity fraud campaigns included a common grandparent scam where seniors were contacted and informed that their grandchildren had been arrested and needed bail money. Other scams told seniors they’d won the lottery but needed to pay a large fee to get the winnings or that they owed back taxes to the IRS.

The Justice Department says that more than 1 million people collectively lost “hundreds of millions of dollars” through these scams.

While some identity fraud is conducted through traditional methods like the telephone, there are other ways of scamming the elderly. For instance, romance scams involve an attacker befriending a senior online and then asking for money to visit the U.S. or some other reason.

The phone-based scams can trap one senior at a time. However, email and other online media streams let criminals tap into millions of potential victims at once.

The Federal Trade Commission (FTC)’s “Consumer Sentinel Network Data Book 2017” reported that identity fraud made up 14% of consumer complaints last year. That was second only to debt collection.

The FTC also showed that while scams against the elderly are a concern, younger citizens are equally at risk. Roughly 40% of millennials in their 20s said they lost money to fraud—compared to 18% of those over age 70. Nonetheless, seniors usually suffered higher median losses than other age groups, the report found.

In addition, while credit card scams involving new or existing accounts were among the major identity fraud issues highlighted in the FTC’s data, the report also referred to other modes of attack, including online shopping and payment account schemes, data theft via email and social media.

One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about your estate plan, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security. Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.

04/24/2018

Mildred Vail was a successful California real estate broker who ran her own business and purchased various properties in her area over the years. She had four children—Steven, Michael, Jonatha, and Patricia.

Leagle.com recently published the case of “In re Mildred M. Vail Living Trust.” In this litigation, Mildred executed a Living Trust naming her four children as equal beneficiaries in 2003. The Trust instrument named Mildred as the "trust manager" and provided that her four children would become joint successor "Co-trust managers" in the event of her death, incapacity or resignation. It also gave Mildred the absolute power to revoke or amend the Trust during her lifetime and to add or remove property from the Trust at any time. Mildred placed several properties in the Trust.

In October 2004, before heart surgery, Mildred gave Steven her general durable power of attorney and a separate durable power of attorney "for banking and other financial institution transactions." In 2007, she revised her trust. She resigned as Trustee and named Steven as the "new trust manager."

In 2006, Steven led an effort to purchase and develop a property on behalf of the Trust. A family meeting was held to discuss the transaction. To obtain the money to buy the property, two Trust rental properties were sold, netting $466,000.

Mildred died on in 2011, at the age of 94. At that time, the four siblings, including Steven, behaved as though they had become successor co-Trust Managers. Steven later testified at his deposition that at the time of his mother's death, he hadn’t remembered her resignation as trust manager, but he later found the document making him the substitute trust manager.

Michael filed a petition to remove Steven as a co-trust manager, which alleged Steven was taking action without the consent of the other co-trust managers and refused to provide an accounting of his activities. In 2012, the court relieved all four siblings as co-trust managers and appointed Shelly Ocana as the interim trust manager.

Michael provided Ocana with a witnessed 2011 letter signed by Mildred that stated that Steven has been engaged in "rogue [activities]" and "secretive dealings" and was not authorized to act under her power of attorney. Ocana investigated the claims against Steven and ultimately sold the property at issue. The four siblings then entered into a settlement agreement providing for the distribution of Trust assets.

In 2015, Michael filed a suit accusing Steven of "numerous acts of injury to his mother and her trust involving elder abuse, conversion, breach of fiduciary duty, theft of trust assets, fraudulent transfer of assets, forgery, co-mingling trust assets, impersonating as trustee of the trust for personal gain, undue influence, conflict of interest, breach of trust, constructive trust for wrongfully retaining, secreting and/or appropriating trust assets and perjury." The trial court issued a statement of decision concluding that Steven had produced credible evidence that he had spent $71,000 for legitimate trust purposes.

The Court of Appeal of California reviewed Steven’s claim that the trial court applied the wrong legal standard, when determining whether he violated his duties as trustee.

Judge Henry E. Needham wrote the opinion of the Court and agreed with Steven that it was Mildred to whom he owed a fiduciary duty. “A revocable trust is a trust that the person who creates it, generally called the settlor, can revoke during the person's lifetime,” Needham explained. The beneficiaries' interest in the trust is contingent only, and the settlor can eliminate that interest at any time. When the trustee of a revocable trust is someone other than the settlor, that trustee owes a fiduciary duty to the settlor, the Court said—not to the beneficiaries, if the settlor is alive. During that time, the trustee needs to account to the settlor only and not also to the beneficiaries.

However, the judge did note that after the settlor's death, the beneficiaries have standing to assert a breach of the fiduciary duty the trustee owed to the settlor, to the extent that breach harmed the beneficiaries, and that the trustee's conduct can be attacked for fraud or bad faith. Therefore, Michael had standing to bring claims against Steven for his alleged breach of his duty to Mildred, while she was alive.

As a result, Judge Needham said he inferred that the court found Steven liable based on a breach of his duties to his mother as settlor of the Trust, which was supported by substantial evidence. The court found that Steven was not credible when he testified about expenditures for which he was claiming an offset, which included payments made on a property after it was sold, the down payment to purchase the same property, and the cost of building out his own office.

The judgment was affirmed.

One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about your estate plan, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security. Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.

01/25/2018

“If your senior parents don't want to talk about money, here are some tips to start the conversation.”

If your mother is a widow and she lives alone, you may notice that she's beginning to have difficulty getting around and refuses to have help in the house. nj.com’s recent article, “When your older parent refuses help,” says that as parents live longer, a tension can develop between the kids who want to be sure that mom and dad are safe, and the parents who want their independence.

For many, the only thing they want help with is remaining independent as long as possible. You can start your conversation there. Maybe there's a relative, neighbor, or friend who’s living alone but can't go home after surgery, because there’s no one to nurse him back to health or someone you know has an injury after a fall. You want to make sure this doesn't happen to you.

Create a plan that addresses who will provide the help and how you will to pay for it. First, while your parent's mind is clear, get a durable power of attorney which allows the parent to select who will help him with financial decisions, if such assistance is needed either temporarily or permanently. Ask an estate planning attorney to draw up this document and get a healthcare proxy. The power of attorney only applies to finances. However, the healthcare proxy appoints a person who can talk to your doctors and gain access to your medical information.

Next, see what professionals in your area could be resources for you. Find a geriatrician in your area. That is a physician who focuses his or her practice solely on seniors. You should also look for a geriatric care manager who knows the resources in your area, and can help you make a plan—whether to bring a parent home from the hospital or to place him or her in a residential care setting.

You should also find a qualified elder law attorney. He or she is trained to identify the elder law issues in routine transactions, like real estate transfers or gifting. In many instances, they collaborate with an informal network of geriatricians, retirement planners and geriatric care providers.

Some parents will welcome this conversation, but many will not, and seniors with dementia can't have this conversation. Collect information before an emergency occurs.

One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about your estate plan, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security. Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.For more information and articles on estate planning, probate, and trust law, please visit our website and request our free monthly e-newsletter.

01/22/2018

“Over three years after Mickey Rooney’s death at the age of 93, the movie icon’s widow today is suing The Hollywood Reporter for elder abuse and intentional infliction of emotional distress in a piquant complaint that alleges some very underhanded journalism on the magazine’s part.”

The lawsuit names The Hollywood Reporter itself, Prometheus Global Media, magazine staffers Scott Feinberg and Gary Baum, and Features Editor Peter Flax.Page Six recently reported in its article, “Mickey Rooney’s widow sues Hollywood Reporter for elder abuse,” that the 79-year old and “frail” Janice Rooney is suing the magazine for wide-ranging but unspecified damages. The action stems from an article posted online by The Hollywood Reporter on October 21, 2015 titled “Tears and Terror: The Disturbing Final Years of Mickey Rooney.”

Janice says the real disturbing story is the “deceiving” Hollywood Reporter article, with which she “felt coerced and pressured” to participate. A court document citing the article says the defendants took her words “out of context and relayed in a manner designed to portray [her] in a publicly negative and personally disgraceful light”, after she agreed to talk to The Hollywood Reporter a year after her husband’s death in 2015.

Rooney contends that in agreeing to the story, she was promised that “none of the questions would be published without also publishing her answers thereto in the article.” The “Tears and Terror” piece technically satisfied that requirement with a link to the full transcript. The link is an exhibit to her lawsuit and reveals that Rooney responded, “I don’t mean to be rude, but I can’t believe that’s a serious question”, when asked if she believed around 2010 that “the government was going to put some Americans into camps and execute the elderly?”In the article, THR [The Hollywood Reporter] defendants repeated the essence of the slightly reworded false and humiliating allegations and innuendos brought to them by Charlene against Jan, the complaint in LA Superior Court states with reference to Janice’s daughter-in-law, who’s also named as a defendant in the multi-claim complaint. “Astonishingly, there were no allegations against Jan of abusing Mickey in either the restraining order filed on February 14, 2011, or the September 15, 2011 lawsuit filed against Chris and Christina Aber and others,” the eighth Mrs. Rooney said. She also said there were no elder abuse claims, since the settled 2011 action by her husband of almost four decades’ court-appointed conservator Michael Augustine against her eldest son and his spouse in the family civil war suit.

Chris Aber managed Mickey’s business affairs for several years before his younger brother Mark and his wife Charlene took over as Rooney’s caregivers—which started a new battle over the actor’s finances, legacy and name. As a part of that litigation, Janice was accused of physically abusing Mickey in his later years, something she says was a misunderstanding.“The conduct on the parts of the THR Defendants alleged herein was done by these defendants with knowledge of Jan’s advanced age, and her frail and vulnerable physical and emotional condition, as well as the sensitive nature of the subject matter, all of which they, themselves, acknowledged, “the suit says of a supposedly months-in-the-making piece that Mrs. Rooney claims went to print mere weeks after she first spoke to THR. “Despite this knowledge, however, the THR Defendants nonetheless engaged in the conduct alleged herein, whereby they took advantage of Jan’s vulnerability and frail condition, and threatened and coerced her, for their own personal gain,” was stated in the complaint.

Mickey’s last prolonged public appearance was in 2011, when he testified before Congress that he’d “suffered silently” for years as a victim of elder abuse. A 2013 $2.8 million judgment in his favor in the case against Chris and Christina Aber was never received by Rooney, who died while insurance companies were litigating which of them would pay.The complaint also names Mark Aber and Christina Aber as defendants.

One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about your estate plan, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security. Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.For more information and articles on estate planning, probate, and trust law, please visit our website and request our free monthly e-newsletter.

01/10/2018

“At any age you can become incapacitated or have a temporary illness.”

Many of us are not very proactive in estate planning or aware of the issues of elder law, even though we know that eventually we will all face incapacity and/or death. The Arizona Jewish Post’s article, “Estate planning and elder law benefit all ages,” reminds us that life can change in mere seconds.

Estate planning and elder law attorneys say that everyone needs these three documents—a will, a health care power of attorney, and a financial power of attorney. We encourage all of our clients, and their children, age 18 and over to have these documents in place should incapacity occur.

In California, if you have assets that exceed $150,000 and do not pass automatically at death, your estate could be subject to probate. If you die with no will, state law has a pecking order as to who will inherit your assets, starting with your spouse and children. A valid will must be signed by the person who wrote it, witnessed by two non-relatives who saw them sign and notarized as to the identity of the signer and witnesses. Your will should name a personal representative, otherwise known as an executor. This should be done far ahead of time to be certain that they are willing and able to undertake the task. Let this person know the location of a copy of your will. With a will, your estate goes through probate but you, instead of the state, determines who receives your assets and who is in charge of your estate. If a person's assets exceed $150,000 and/or if they have minor children, we also explore whether a trust is beneficial.

A living will details your end-of-life choices. This information is often included in an Advanced Health Care Directive. Without authorized directions, your family may not be able to make the decisions you’d want. A living will can also include funeral wishes. n Advanced Health Care Directive gives the individual you select, the authority to make health care decisions for you, if you’re incapacitated.

A financial power of attorney lets your appointed agent make financial decisions, pay your bills and take charge of your bank accounts, if you’re unable to do so. This document is only valid when you are alive and cannot be used to dispose of your assets after your death.

A revocable living trust is a document that lets you assemble all of your assets in one place. The assets must be retitled to the trust, not to you as an individual. A trust can help with out-of-state real property or leaving money to a child with special needs who is receiving means-tested government benefits. When you die, the assets in the trust aren’t subject to probate, and are distributed as you instructed in the trust.

Speak with an experienced estate planning attorney for personalized advice that considers your assets, divorces, stepchildren and many other factors. We would be happy to assist you in determining what you need.

One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about your estate plan, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security. Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.

01/08/2018

“As Baby Boomers continue to enter their senior years in large numbers, law enforcement officials and CPAs expect to see more instances of elder financial abuse.”

Seniors are particularly vulnerable to financial scams, says The Journal of Accountancy in its recent article, “Ways to stop elder financial abuse before it starts.” One in 20 senior citizens reports being the victim of financial abuse, according to the National Adult Protective Services Association. These crimes are increasing. Scams targeting the elderly come in several forms, and some of the most common are discussed below.

Someone posing as a grandchild calls and requests money to get out of jail or to resolve a threatening legal problem (actually happened to my friends' parents). Sweepstakes and lotteries are also pretty common scams, yet people still fall for a call, letter, or email telling the senior that he or she has won a sweepstakes or lottery. However, to claim the winnings, the senior must first pay taxes, fees or other expenses. Another scam is phishing, where a senior citizen receives an email saying he or she has a refund coming from the IRS. However, to process the refund, he or she must provide banking details. These emails look convincing, but remember the IRS will never ask for this information by email.

There are several reasons why seniors are particularly vulnerable to falling victim to financial scams. One reason is they may not be financially savvy or technologically adept. The scams have become more sophisticated and involve better use of technology. Seniors may have more disposable income, they’re living longer, and some are not very good with technology.

The conditions create a tempting target for criminals. A fraud might go undetected for some time. This makes it more difficult to nab the fraudsters. When people do fall victim to scams, they also may feel embarrassed and don’t want to come forward. However, if they did, more people would be aware of these crimes. This may possibly prevent it from happening to someone else.

Publicizing common scams can help older people and their families to be on the lookout.

Finally, seniors shouldn’t give out personal financial information, like Social Security numbers or banking account numbers, to anyone who calls or emails them.

One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about your estate plan, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security. Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.

01/02/2018

“Communicating your end-of-life wishes is often among the most difficult conversations you can have with your family and loved ones. It’s also a conversation that many avoid until it’s too late.”

Clearly spelling out your end-of-life preferences is critical, and having everything prepared in the event of a life-threatening illness or other crisis can ease anxiety and stress for your family. Without this advance planning, family members can be confused and upset about your cloudy or vague final wishes.

The website seniorhomes.com recently posted an article titled “10 Steps to Communicate Your End-of-Life Wishes.” According to the article, the most important question when it comes to communicating end-of-life wishes might be, “how to do it?” Luckily, there are actions you can take to make the process easier for you and your family. Get going now, before it’s too late … and make it a priority.

Planning. There’s no better time than the present to let your family know about your final wishes. Start by drawing up a living will that states your treatment and care preferences in the event you are unable to speak for yourself. You should also sign a durable power of attorney that appoints one or more family members or trusted friends to make medical decisions for you, if you become incapacitated. Get that paperwork started today.

Clarity. It’s not pleasant to dwell on becoming too ill to make healthcare and other important decisions, but a critical injury or debilitating illness can occur at any time. As a result, it’s vital to be clear about your wishes as soon as possible—just in case.

Opportunity. Finding the appropriate time to discuss end-of-life issues can be tough, but there are certain events may give you the opportunity to do so. Possible occasions include those related to milestones like the birth of a child, marriage, death or serious illness of a loved one, retirement, an anniversary, during holiday gatherings or when you create your will or other estate planning. Hopefully, you will have this conversation before an injury or a major illness that requires you or another family member to move out of the home and into a long-term care setting.

Discussions. Have these end-of-life conversations early to make certain that everyone understands your wishes. Your preferences may also change over time and necessitate future discussions on the subject.

Permission. Ask your loved ones for permission before launching into the topic. This will reassure them that you respect and honor their wishes.

Purpose. Your conversations with family need to include two important goals: (i) to be sure your financial and healthcare wishes are expressed and honored; and (ii) to give them the information and confidence they need to make future decisions.

Setting. Have the talk in a quiet and comfortable setting, such as a private spot without distractions.

Listening. Whatever your role in discussing end-of-life wishes, it’s important to listen carefully. Be certain that you hear and understand what your loved ones are saying.

Audience. Be aware that a loved one may want to talk about end-of-life wishes in private.

Pace. If you’re listening to a loved one express their wishes, led them set the pace.

One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about your estate plan, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security. Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.For more information and articles on estate planning, probate, and trust law, please visit our website and request our free monthly e-newsletter.